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New Powers Sought for Surveillance

By Walter Pincus and Dan Eggen
Washington Post Staff Writers
Monday, September 17, 2001; Page A01

Bush administration officials said yesterday that they are considering
lifting a 25-year-old ban on U.S. involvement in foreqign
assassinations and loosening restrictions on FBI surveillance, part of
an escalating war on terrorism in the wake of Tuesday's attacks on
Washington and New York.

The Justice Department plans to send a wide-ranging set of proposals
to Capitol Hill this week that would include more power to conduct
wiretaps, detain foreigners and track money-laundering cases,
administration officials said.

"There are areas of our laws and procedures which give us better tools
against organized crime, against illegal gambling, for example, than
we have against terrorists," said Attorney General John D. Ashcroft,
who briefed top lawmakers yesterday on the proposals. "We need to make
sure that we provide the maximum capacity against terrorists in the
United States."

Vice President Cheney said yesterday that CIA field officers may be
allowed to recruit and pay overseas agents linked to terrorist groups
and human rights abuses, saying it was necessary to infiltrate
suspected terrorist cells.

"If you're only going to work with officially approved, certified good
guys, you are not going to find out what the bad guys are doing,"
Cheney said on NBC's "Meet the Press." "It is a mean, nasty,
dangerous, dirty business out there, and we have to operate in that
arena."

In addition, Sen. Bob Graham (D-Fla.), chairman of the Senate
Intelligence Committee, said he would introduce a counterterrorism
package next week that would create a counterterrorism czar inside the
White House, establish authority for the CIA to recruit unsavory
agents and expand the intelligence community's ability to translate
intercepted messages in Arabic, Farsi and other languages used within
suspected terrorist circles.

The flurry of proposals marks a dramatic expansion of the Bush
administration's efforts to track down those who helped plot Tuesday's
deadly assaults, in which more than 5,000 were believed killed after
hijacked jetliners crashed into the World Trade Center, the Pentagon
and the Pennsylvania countryside. But the proposals could also
significantly weaken protections of privacy and civil liberties,
advocates of civil liberties said yesterday.

Secretary of State Colin L. Powell said the administration was
reviewing an executive order issued by President Gerald R. Ford in
1976 that bans U.S. personnel from engaging in, or conspiring to
engage in, assassinations. Some intelligence and terrorism experts
have advocated assassinating Osama bin Laden, the exiled Saudi
millionaire who lives in hiding in Afghanistan and has been named the
prime suspect in last week's attacks.

Powell said on CNN that "we are examining everything: how the CIA does
its work, how the FBI and Justice Department does its work, are there
laws that need to be changed and new laws brought into effect to give
us more ability to deal with this kind of threat. .  . . Everything is
under review."

Ashcroft said one of the Justice Department's proposals would allow
the department to seek authority to eavesdrop on any phone used by a
suspect in a foreign intelligence case, rather than getting wiretap
orders for each individual telephone number. In an era of cell phones,
Ashcroft said, "it simply doesn't make sense to have the surveillance
authority associated with the hardware or with the phone instead of
with the person or the terrorist."

The proposals provoked immediate criticism yesterday from civil
liberties advocates, who accused the administration of using Tuesday's
tragedy to erode constitutional protections.

David Cole, a law professor at Georgetown University, said there is no
evidence that legal restrictions on the FBI, CIA or other federal
agencies helped the hijackers evade detection. Two of the hijackers
were on an FBI "watch list" for two weeks before the attacks, and most
of the 19 men reportedly purchased their tickets in their own names
through the Internet.

"The reality is that the FBI already has tremendous power," Cole
said. "We have to be careful about giving the FBI or INS or anyone
else greater powers unless they can show they really need those
powers."

Several lawmakers vowed to be measured in their response. "We will
give the government the tools it needs to deal with the guilty," said
House Majority Leader Richard K. Armey (R-Tex.). "But we will also
always . . . preserve the rights of the innocent, and that will be as
paramount as can be."

The executive order barring assassinations, which Bush can change
without legislative action, dates to 1976, when Ford banned
involvement in "political" killings in the wake of extensive hearings
in the 1970s exposing CIA assassination plots. The prohibition was
expanded by Presidents Jimmy Carter and Ronald Reagan to bar any
U.S. employee or agent from engaging or conspiring in
assassinations. But administration officials and some lawmakers said
the ban is unrealistic in an age of terrorism.

If dealing with terrorists, Graham said, "means that we have to have
the authority to assassinate people before they can assassinate us,
yes, we should free that stricture."

Graham's bill creating a White House counterterrorism czar imitates
what was established for the war on drugs, providing budget authority
and oversight to an individual who would be named by the president and
approved by the Senate. "We need to have someone who has the ability
to establish a national program, allocate resources and be held
accountable for our response against terrorism," Graham said.

Another section of Graham's bill would deal with critics of the CIA's
lack of advance warning of the Sept. 11 attacks because of an agency
regulation that required prior approval before case officers could
recruit agents with unsavory backgrounds.

Sen. Richard C. Shelby (R-Ala.), ranking member of the intelligence
panel and a sharp critic of CIA Director George J. Tenet, said the
1995 agency regulation tied the hands of agents. "Are they people you
wouldn't want invite to your home? Absolutely. But we have to deal
with these people to get at the bottom of a lot of information we want
like terrorist cells," he said on CBS's "Face the Nation."

Staff writer Juliet Eilperin contributed to this report.




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